Chapter Four

Basic Principles of Environmental Law and Environmental Rights

By Yidneckachew Ayele (PhD)
I. Environmental Principles
Objective: Understanding the fundamental principles of environmental law and their applications
in both international and Ethiopian contexts.
Several Principles in international and national legal regimes

• Prevention
• Precaution
• Polluters Pay
• Environmental Justice and Equity
• Integration
• Public Participation
• Obligation of States Not to Cause Transboundary Environmental Damage
• States’ Obligation to Cooperate, to Inform, and Consult
• Shared Natural Resources, Common Property, and Common Heritage of Mankind
• Sustainable Development

1. Prevention
• Definition: Preventing environmental harm before it occurs
• Legal Sources:
o International- Rio Declaration, Principle 2: States have the responsibility to ensure
activities within their jurisdiction do not cause environmental damage to other states.
o Environmental Policy of Ethiopia: Emphasizes the prevention of environmental
degradation through proactive measures and regulations.
o Environmental Pollution Control Proclamation No. 300/2002 - motivated with
prevention measures …
• Case: Trail Smelter Arbitration (USA v. Canada)
o The Dispute: In the 1930s, emissions from a lead and zinc smelter in Trail, British
Columbia (Canada) caused damage to forests and crops in Washington State (USA).
o The Arbitration: The United States and Canada agreed to submit the dispute to an
international arbitration tribunal.
o The Ruling: The tribunal ruled in favor of the United States, stating that Canada had a
duty to prevent the damage to the United States that emanated from within Canadian
borders.

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 o Key principles established as a result of this case: -
▪ Duty to Prevent Transboundary Harm: The Trail Smelter case established
the principle that states have to prevent activities within their territory from
causing harm to other states
▪ "No-Harm" Principle: The tribunal applied the principle that no state can use
or allow the use of its territory in a manner that causes significant harm in the
territory of other states

2. Precaution
• Definition: Taking preventive action in the face of uncertainty
• Legal Sources
o Rio Declaration, Principle 15: Lack of full scientific certainty should not be used
as a reason for postponing measures to prevent environmental degradation.
o Cartagena Protocol on Biosafety: Reaffirms the precautionary approach in
managing risks associated with living modified organisms.
o EU's approach to GMOs requires rigorous testing before approval.
o Biosafety Proclamation: Adopts precautionary measures for genetically modified
organisms

3. Polluter Pays
• Definition: Polluters bear the costs of managing pollution.
• Legal Sources:
o Rio Declaration, Principle 16: Promotes internalization of environmental costs and use
of economic instruments.
o OSPAR Convention: Regional application in the North-East Atlantic
o Environmental Policy: Incorporates the polluter pays principle, ensuring that those
responsible for pollution bear the costs of their actions.
o Environmental Pollution Control Proclamation No. 300/2002 – Article 16 - Anyone
who unlawfully discharges pollutants faces penalties, with individuals liable for a fine
between 1,000 and 5,000 Birr or imprisonment from one to ten years, while juridical
persons face fines between 5,000 and 25,000 Birr, and their responsible officers may
be imprisoned for five to ten years or fined between 5,000 and 10,000 Birr, or both.
• Case: Vellore Citizens' Welfare Forum v. Union of India (1996)
o Background: The case stemmed from the discharge of untreated effluents by tanneries
in Tamil Nadu, leading to environmental degradation and health problems for local
communities.
o Indian Supreme Court Ruling: The Court recognized the "polluter pays" principle as
a crucial element of India's environmental law, drawing upon the constitutional
mandate to protect and improve the environment.
o Key lessons

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 o A landmark case in Indian environmental law, translating the "polluter pays"
principle, as polluters are liable for compensating damages and restoring the
environment, as essential for sustainable development.
o Absolute Liability: The court established that polluting industries are absolutely liable
to compensate for the harm caused, including compensating victims and restoring the
environment.
o Enforcement of the principle: The court directed the Central Government to establish
an authority under the Environment (Protection) Act, 1986, to implement the "polluter
pays" principle, assess damages, and determine compensation.

4. Environmental Justice and Equity

• Definition: Fair treatment and involvement of all people in environmental governance.
• Legal Sources
o Regional Level - Aarhus Convention
▪ It is a regional multilateral convention of the United Nations Economic Commission
for Europe, adopted in 1998 in the Danish city of Aarhus
▪ It ensures access to information, public participation, and access to justice in
environmental matters.
o Global Level - Paris Agreement
▪ integrates environmental justice and equity through various mechanisms and
specific commitments such as [1] common but differentiated responsibilities and
respective capacities, [2] climate finance for developing countries, [3] loss and
damage mechanisms for climate justice, [4] equity in nationally determined
contributions, [5] recognition of indigenous and vulnerable communities
▪ Common but Differentiated Responsibilities and Respective Capabilities
• The Paris Agreement (Article 2.2) explicitly recognizes that nations have
different responsibilities and capacities in tackling climate change.
• For instance, developed nations like the United States and European Union
members have historically contributed the most to global emissions, whereas
developing nations such as Ethiopia, Bangladesh, and Pacific Island nations
bear the brunt of climate impacts despite minimal emissions.
• The agreement allows countries to set their own emission reduction targets
(NDCs) based on their capacities, ensuring fairness in climate obligations.
▪ Climate Finance for Developing Countries
• The agreement commits developed nations to mobilize at least $100 billion
annually to support developing nations in their mitigation and adaptation
efforts.
• An example is the Green Climate Fund (GCF), which finances projects such
as solar energy expansion in India and climate resilience projects in Ethiopia
and Kenya to help communities adapt to changing climate conditions.

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 • The 2021 Glasgow Climate Pact reinforced the demand for wealthier
countries to increase adaptation finance to support vulnerable nations.
▪ Loss and Damage Mechanism for Climate Justice
• The Warsaw International Mechanism for Loss and Damage,
operationalized under the Paris Agreement, recognizes that some climate
impacts cannot be prevented or adapted to and require financial
compensation.
• During the 2022 COP27 summit, countries agreed to establish a Loss and
Damage Fund, which aims to compensate climate-vulnerable nations such
as Pakistan, which suffered historic floods in 2022, and small island
states like Tuvalu and the Maldives, which are threatened by rising sea
levels.
• This mechanism acknowledges the historical responsibility of
industrialized nations and aims to provide financial redress for irreversible
damage.
▪ Equity in Nationally Determined Contributions (NDCs)
• The Paris Agreement does not impose uniform targets but instead allows
countries to set Nationally Determined Contributions (NDCs) based on
their economic conditions and development priorities.
• Countries like China and India have been given flexibility to phase out coal
more gradually due to their developmental needs, while wealthier nations
like Germany and Canada face higher expectations for immediate emission
reductions.
• Least Developed Countries (LDCs) like Ethiopia and Nepal receive
financial and technical support to implement their climate commitments.
▪ Recognition of Indigenous and Vulnerable Communities
• The Paris Agreement emphasizes the need for policies that respect the
rights of indigenous peoples and local communities in climate adaptation
and mitigation.
• For example, the REDD+ (Reducing Emissions from Deforestation and
Forest Degradation) program supports forest conservation initiatives led
by indigenous groups in the Amazon, Africa, and Southeast Asia while
ensuring they benefit from carbon credit markets.
• The agreement also recognizes the disproportionate effects of climate change
on women and marginalized communities, integrating gender-responsive
policies in climate action planning.
5. The Integration Principle
• Definition: Integrating environmental considerations into all policies and activities.
• Legal Sources:

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 o Rio Declaration, Principle 4: Environmental protection should be an integral part
of the development process.
o Environmental Policy: Emphasizes integrating environmental sustainability into
economic planning.
• Example: Agenda 21 and Sustainable Development Goals (SDGs) promote integrated
approaches to development and environmental protection.

6. The Public Participation Principle

• Definition: Ensuring public involvement in environmental decision-making.
• Legal Sources:
o Aarhus Convention: Guarantees public participation in environmental decision-
making processes.
o Environmental Policy: Mandates public participation in environmental matters,
ensuring community involvement and transparency.
o Public hearings and consultations are required in environmental impact
assessments.

7. The Obligation of States Not to Cause Transboundary Environmental Damage

• Definition: States must prevent activities causing environmental damage beyond their
borders.
• Legal Sources:
▪ Rio Declaration, Principle 2: States must prevent activities within their jurisdiction
from causing damage to the environment of other states.
▪ Customary international law
▪ Regional Agreements: Ethiopia is part of agreements to prevent transboundary
environmental damage in the Nile Basin. What agreements are available on the Nile
Basin Initiative?
• Case: Pulp Mills on the River Uruguay (Argentina v. Uruguay) - Emphasized the obligation
to prevent significant transboundary environmental harm.

8. States’ Obligation to Cooperate, to Inform, and Consult

• Definition: States must cooperate, share information, and consult on environmental issues.
• Legal Sources: Espoo Convention
o It is a convention of the United Nations Economic Commission for Europe
(UNECE); it was signed in Espoo, Finland, in 1991 and entered into force in 1997.
o It obligates states to share information and consult on projects with potential
transboundary impacts. It sets out the obligations of the Parties to assess the
potential environmental effects of certain projects and to notify and consult with
other States before decisions are made …

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 o Nile Basin Initiative: Ethiopia cooperates with neighboring countries on
environmental issues.
• Example: Bilateral and multilateral agreements ensure cooperation on environmental
issues.

9. Shared Natural Resources, Common Property, and Common Heritage of Mankind

• Definition: Natural resources and heritage belong to all humankind.
• Legal Sources: UNCLOS
o The United Nations Convention on the Law of the Sea (UNCLOS) governs the use
of marine resources.
▪ Article 136: Establishes the common heritage of mankind in marine
resources.
o UNESCO Convention on Historical and Cultural Heritage
▪ Recognition; Preservation; Protection
o Laws on Shared Resources: Emphasizes the sustainable use of shared resources like
the Nile River, Nile Basin Initiative

10. The Principle of Sustainable Development

• Definition: Development that meets present needs without compromising the ability of
future generations to meet their own needs.
• Key Elements of Sustainable Development: Environmental protection; Economic growth;
Social equity; Integration of policies and practices that should balance these elements.
• Legal Sources:
o Brundtland Report, which introduced the concept of sustainable development
▪ The Brundtland Report is a publication released in 1987 by the World
Commission on Environment and Development (WCED)
▪ The report articulated a commonly accepted definition of sustainable
development: “Sustainable development is development that meets the
needs of the present without compromising the ability of future generations
to meet their own needs” (United Nations, 1987)
o Rio Declaration, Principle 4: Emphasizes sustainable development.
o Paris Agreement on climate change emphasizes and illustrates the integration of
key elements of sustainable development.
o Ethiopian Context:
▪ Climate Resilient Green Economy Strategy: Aims for sustainable
development.
▪ Growth and Transformation Plan: Integrates sustainable development
principles into national policies.
▪ Homegrown Economic Reform of PP (Planning and Development
Commission 2021)

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 II. Environmental Rights
What do we mean by Environmental Rights?
What does it cover?

• Right to information
• Public participation
• Access to justice
• Environmental quality

1. Right to Information
• The right to access environmental information.
• International Legal Sources
o Rio Declaration on Environment and Development (1992) – Principle 10: States
shall facilitate access to information concerning the environment held by public
authorities.
o Aarhus Convention: Ensures access to environmental information.
• National Laws
o FDRE Constitution (Art. 92(3)) provides that “People have the right to full
consultation and expression of views in the planning and implementation of
environmental policies and projects that affect them directly.”
o Transparency laws and freedom of information acts promote access to
information.
o Environmental Impact Assessment (EIA) Proclamation No. 299/2002, Art. 15(1)
specifically guarantees that information about the environmental impact of
projects must be made available to the public.
o Environmental Pollution Control Proclamation No. 300/2002 encourages public
awareness of pollution and environmental protection issues.
o Solid Waste Management Proclamation No. 513/2007 also emphasizes the role
of public awareness in waste management.
• Issue: The right to information is recognized as a fundamental aspect of environmental
governance in Ethiopia. Laws ensure that affected communities are informed about
projects, especially those with potential environmental risks. However, in practice,
challenges remain regarding timely access, clarity, and the language of information
dissemination.

2. Public Participation
• Definition: The right to participate in environmental decision-making.

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 • International Legal Sources:
o Rio Declaration (1992) – Principle 10: Public participation in environmental
decision-making must be encouraged.
o Convention on Biological Diversity (1992) – Article 14(1)(a): Calls for public
participation in environmental impact assessments.
o Aarhus Convention: Guarantees public participation in environmental decision-
making.
• Ethiopian Legal Base
o Environmental Policy requires public participation in environmental matters.
o FDRE Constitution (Art. 92(3)) affirms the right of the public to participate in
environmental decision-making.
o EIA Proclamation No. 299/2002 (Art. 15(2)) mandates that the Environmental
Protection Authority ensure the public is consulted in the impact assessment
process.
o Hazardous Waste Management and Disposal Control Proclamation No. 1090/2018
requires stakeholder involvement, especially during the authorisation and
monitoring stages.
• Issue: - Public participation is legally guaranteed, especially in the environmental impact
assessment process. The law requires developers to consult communities before starting a
project. However, actual engagement is often limited, with consultations being symbolic
rather than meaningful. Institutional policy guides and commitment are needed to improve
genuine participation.

3. Access to Justice
• Definition: Legal means to challenge violations of environmental laws.
• International Legal Sources:
o UN Human Rights System – International Covenant on Civil and Political Rights
(ICCPR) Article 2(3): Right to an effective remedy for violations, applicable to
environmental rights.
o Aarhus Convention, Article 9: Provides access to justice in environmental matters.
▪ Courts and tribunals provide access to justice in environmental matters.
• Ethiopian Context:
o FDRE Constitution (Art. 37) ensures the right to bring a justiciable matter to a court
of law.
▪ Judiciary: Plays a role in enforcing environmental laws and providing
remedies.
o EIA and Environmental Pollution Control Proclamations provide that individuals
or groups can appeal decisions or complain about environmental harm.
o Hazardous Waste Proclamation allows for administrative and legal actions against
violators of environmental rules.

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 • Discussion: Environmental laws in Ethiopia provide for access to administrative and
judicial remedies. Citizens or groups can challenge decisions or seek redress for
environmental damage.
o Nonetheless, lack of environmental courts, limited legal awareness, financial
constraints, and weak enforcement limit access to justice in practice.
o Example: The Action Professionals Association case against the Addis Ababa
Environmental Protection Office, 2004
▪ It highlights significant environmental justice issues related to access to
justice in Ethiopia.
▪ In this case, Action Professionals Association, an environmental advocacy
group, challenged the Addis Ababa Environmental Protection Office for
failing to enforce regulations against illegal construction activities that were
causing severe environmental degradation in urban areas. The association
argued that these activities not only violated environmental laws but also
endangered public health and the ecological balance of the city.
▪ This case underscores the critical role of judicial and administrative bodies
in upholding environmental laws and ensuring that government agencies are
held accountable for their regulatory responsibilities. It also highlights the
challenges faced by civil society organizations in accessing legal remedies
and enforcing environmental protections, emphasizing the need for stronger
legal frameworks and mechanisms to support public interest litigation and
effective environmental governance in Ethiopia.

4. Environmental Quality
• Environmental quality refers to standards and regulations to maintain a healthy
environment.
• International:
o Stockholm Declaration (1972) – Principle 1: Man has the fundamental right to an
environment of quality that permits a life of dignity and well-being.
o Rio Declaration (1992) – Principles 1 & 2: Right to a healthy and productive life;
states' responsibility to ensure that activities do not cause environmental harm.
o UN General Assembly Resolution 76/300 (2022) – Formally recognizes the right
to a clean, healthy, and sustainable environment as a human right.
o Convention on the Rights of the Child (1989) – Article 24(2)(c): Calls for
environmental health protections for children.
o Paris Agreement (2015) – Supports environmental quality by requiring global
efforts to limit climate change and ensure sustainable development.
o The Clean Air Act and Clean Water Act set standards for environmental quality.
• Ethiopian Context:

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 o FDRE Constitution (Art. 44(1)) guarantees the right to a clean and healthy
environment.
o Environmental Pollution Control Proclamation No. 300/2002 aims to prevent
pollution and protect the environment for current and future generations.
o Proclamation No. 197/2000 - Ethiopian Water Resources Management
Proclamation
▪ Provides for the management, planning, use, and protection of water
resources.
▪ Sets standards for the quality of water bodies to ensure they are safe for
various uses.
o Proclamation No. 299/2002 - Environmental Impact Assessment Proclamation
▪ Requires environmental impact assessments for projects that may affect
water quality.
▪ Ensures that potential impacts on water resources are identified and
mitigated.
o Proclamation No. 511/2007 - Solid Waste Management Proclamation
▪ Addresses the management of solid waste to prevent contamination of water
sources.
▪ Sets standards for waste disposal to protect water quality.
o Regulation No. 115/2005 - Drinking Water Quality Control Regulation
▪ Establishes standards for drinking water quality.
▪ Mandates regular monitoring and testing of water sources to ensure
compliance with safety standards.
o Proclamation No. 1090/2018 - Public Health Proclamation
▪ Contains provisions related to the protection of water quality to safeguard
public health.
▪ Sets out requirements for the treatment and disposal of wastewater.
• Issues: Environmental quality is central to Ethiopian environmental law. Laws aim to
prevent pollution and promote sustainable resource use. But environmental degradation
continues due to rapid urbanization, weak monitoring systems, and limited technical
capacity. Effective implementation, compliance, and community engagement are key to
realizing this right.

Group Exercise

• Imagine a new largescale complex industrial development project is proposed by Zabu

country near a river that flows through multiple countries, including Gagu, Wema and
Sarro countries in the horn of Africa. The project promises economic benefits for the Zabu
directly and the horn indirectly, but poses potential environmental risks.
• Based on this case, discus the following points:

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o Identify the key environmental principles that should guide the decision-making
process for this project.
o Discuss the roles of the involved states in preventing transboundary environmental
damage.
o Evaluate the importance of public participation and access to information in this
context.
o Propose strategies to ensure sustainable development and environmental justice for
all affected communities.

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